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SO APARTMENTS v. CITY OF SAN ANTONIO, TEXAS

No. 23-50706.

109 F.4th 343 (2024)

SO APARTMENTS, L.L.C.; Station at Elm Creek, L.L.C., Plaintiffs-Appellants, v. CITY OF SAN ANTONIO, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED July 23, 2024.

Attorney(s) appearing for the Case

Brandon Grable (argued), Grable Grimshaw, P.L.L.C., San Antonio, TX, David Edmund Dilley, Law Office of David E. Dilley, P.L.L.C., San Antonio, TX, for Plaintiffs-Appellants.

Christopher D. Kratovil, Esq. (argued), Dykema Gossett, P.L.L.C., Dallas, TX, Melanie Lynn Fry, Bonnie Kate Kirkland, Attorney, Dykema Gossett, P.L.L.C., San Antonio, TX, Deborah Lynne Klein, City Attorney's Office for the City of San Antonio, San Antonio, TX, Kevin Michael Sanchez, Dykema Cox Smith, McAllen, TX, for Defendant-Appellee.

Before Higginbotham, Stewart, and Higginson, Circuit Judges.

SO Apartments, LLC and Elm Creek, LLC (the "Complexes") appeal the district court's denial of a preliminary injunction, and present a facial challenge to the City of San Antonio's recent enactment of its Proactive Apartment Inspection Program ("PAIP"). Finding that the district court did not abuse its discretion...

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